Stinson v. United States, 508 U.S. 36, 38, 113 S. Ct. 1913, 1915, 123 L. Ed. See Maj. op. Previous cities where Katherine has lived are Saint Louis, MO and St. Louis, MO. The rules permit a court of appeals to correct such an error because it is so clear or obvious that the district court should have avoided it even if it was not pointed out by the parties. Section 2D1.1(b)(1) provides a specific offense characteristic which directs that if a dangerous weapon (including a firearm) was possessed [during the offense, the base offense level must be] increase[d] by 2 levels. Application Note 3 explains that the adjustment should be applied if the weapon was present [during the underlying offense], unless it is clearly improbable that the weapon was connected with the offense.. 4. Thus, none of the cases cited by the government interprets Application Note 2. at 14-15. U.S.S.G. Neighbors, Property Information, Public and Historical records. This conclusion is mandated by the broad language used by the guideline drafters. 1770, 123 L.Ed.2d 508 (1993), the Supreme Court held that, in order for an appellate court to find plain error, it must first find 1) an error 2) that is plain and 3) that affects substantial rights. R. Crim. 1B1.3, Application Note 9(B). I, therefore, believe that under these circumstances, plain error should not be ascribed to the district court and the defendant may unequivocally raise the issue on appeal. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. volume (Buffalo, N.Y.) 1880-1982, August 24, 1881, Page 16, Image 16, brought to you by University at Buffalo, and the National Digital Newspaper Program. Id. Pace, A. Piper, M. Ritner, P. Schreiber, and A. Swan worked with Professor K. Eisenhart to determine and analyze the change in land use on the Howard Falls Land Trust property in Erie County, Pa. Your Honor, he is the one-Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. See Fed. 52(b). The district court concluded that a two level role in the offense enhancement was appropriate since Knobloch was "an organizer, leader, manager, or supervisor" of the crime. Landlines (3) (814) 864-4682 (814) 866-2036 . View FREE Public Profile & Reputation for Paul Knobloch in Erie, PA - See Court Records | Photos | Address, Email & Phone Numbers | Personal Review | $70 - $79,999 Income & Net Worth. at 1280-81 n. 31, it did not analyze or base its legal conclusion on the Note. Nor does any of them present a situation, like the one here, where Application Note 2 was specifically called to the attention of the court as a bar to the enhancement at issue, This calculation includes the consecutive mandatory 60-month sentence under 18 U.S.C. 8670 Peach St, Erie, PA: New Motors Inc, New Motors KIA: Information Control. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. Thomas A. Knobloch Erie, Pennsylvania . After Overstreet departed in 1987 for a solo career, he was replaced with Craig . at 86. J.A. 2D1.1 based on his possession of other firearms. Knobloch insists that the facts of this case are such that the district court's misstatement could have been material to a decision on how to plead to Count 5. Paul Knobloch: Lee Tracy: Historical Records. The government concedes that the district court erred when it described one element of the 924(c) (1) offense as "during and/or in relation to" a drug crime, and it further concedes that the error was plain. The court was clearly entitled to understand from her argument that she felt she knew enough about Davis's testimony at Smith's trial to make a representation to the court concerning its content. He further acknowledge[d] his responsibility for the conduct charged in Counts Two, Three and Six and stipulate[d] that the conduct charged in those counts may be considered by the District Court in imposing sentence. J.A. Two of the other three counts, Counts 2 and 3, charged Knobloch, respectively, with possession with intent to distribute the anabolic steroids in his apartment, and with use of the Spectre .45 and the TEC-9 during and in relation to the possession of those steroids. Indeed, the district court's construction of Application Note 2 may have been flawed but it was reasonable, was supported by case law from three other courts of appeal, and there are no cases to the contrary. All contact info about Paul D Knobloch, 53 from Erie, Pennsylvania - address, e-mail, phone, public records, etc at Clubset FOR FREE . Browse Locations. Olano, 507 U.S. at 734, 113 S. Ct. at 1778. Nor did she make any reference to U.S.S.G. Thus, application of the specific offense characteristic of firearms possession is appropriate. 924(c) added to base levels 27 and 29. Residential General Contractor, General Contractor/Res, General Contractor/All License: 169708, 167443, 112143. The government's theory with respect to the 2D1.1(b)(1) enhancement is not altogether clear to us. See id. 1992) (same). 2D1.1(b) (1). In addition, pursuant to 18 U.S.C. Use (814) 563-7890 to contact Arthur with caution. at 14-15. Ed.2d 142 (1997). Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. 32(c)(3)). In United States v. Washington, 44 F.3d 1271 (5th Cir. In response to this, Knobloch's counsel observed that it is certainly Jeff Davis' position that Paul Knobloch orchestrated this, but she challenged Davis's credibility by noting that he had been cooperating with the government and that [h]e puts the blame on other people. Id. It pointed out that these guns were to be distinguished from the Glock 19 seized at the time of the Davis distribution which provided the foundation for Knobloch's conviction under 18 U.S.C. The district court concluded that a two level role in the offense enhancement was appropriate since Knobloch was an organizer, leader, manager, or supervisor of the crime. Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. It then applied a two-level specific offense characteristic enhancement for possession of the Spectre .45 and the TEC-9 under U.S.S.G. The emphasized portion incorrectly implied that the government might secure a conviction on a showing that Knobloch used or carried a firearm either during or in relation to the crime, whereas the statute requires use or carrying both during and in relation to the crime. Using photographs from 1939, 1959, 1969 and 1992, along with tree cores, they estimated the minimum . Your Honor, he is the one--Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. Bruce Allison 2920 Logan Drive Erie, PA 16506 Retired Click here to send email . (citing Fed. . 2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S. Ct. 1584, 1592, 71 L. Ed. at 407. This site is protected by reCAPTCHA and the Google. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. See Free Details & Reputation Profile for Arthur Knobloch (62) in Phoenix, AZ. 924(c)(1) provides in relevant part:Whoever, during and in relation to any crime of violence or drug trafficking crime uses or carries a firearm, shall be sentenced to imprisonment for five years. I do not think that this court should second guess the Government's concession in its brief that Knobloch properly preserved this issue for appeal especially when there is no reason to do so. If the court imposes a sentence for a drug offense along with a consecutive sentence under 18 U.S.C. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. View the profiles of professionals named "Paul Knobloch" on LinkedIn. First, it requested a two-level enhancement under U.S.S.G. Washington had received a sentence under 924(c) for his firearm as well as an enhancement pursuant to section 2K2.4 because he had armed his accomplice with another firearm. Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. 1038, 1047 n. 14, 84 L.Ed.2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. . Nonetheless, Knobloch focuses on dictum from Reyes stating that the defendant must be given a reasonable opportunity to respond to the evidence. Id. Quick Facts The residential address for Patricia is 1119 Spring Valley Driv, Erie, PA 16509-2950. Find company research, competitor information, contact details & financial data for Power Personal Training of Erie, PA. Get the latest business insights from Dun & Bradstreet. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Fed. Two of the government's objections are relevant to this appeal. There are 20+ professionals named "Paul Knobloch", who use LinkedIn to exchange information, ideas, and opportunities. Paul Knobloch Construction Inc in Mc Minnville, OR | Photos | Reviews | 26 building permits for $59,000. 1B1.3).1 According to the guideline commentary, offenses are part of the same course of conduct if they are similar to each other or are committed close in time. He was born in Erie on December 10, 1934, to the . US Court of Appeals for the Third Circuit - 131 F.3d 366 (3d Cir. He insists that his attorney was taken by surprise by the court's consideration of Davis's testimony at Smith's trial and that he lacked a reasonable opportunity to respond to this damaging evidence. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. ADVANTAGE NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27, 1999. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. We have no trouble acknowledging that the error in this case in fact affected Knobloch's substantial right to suffer no greater an imposition on his liberty than the Guidelines allow. We note, as well, that the record shows no prejudice to Knobloch from this alleged error. Rev. No rule of law prohibits the court from making its factual conclusions at sentencing based on testimony from a separate proceeding, United States v. Reyes, 930 F.2d 310, 316 (3d Cir.1991), and Knobloch concedes as much. See United States v. Willett, 90 F.3d 404, 408 (9th Cir.1996) (We find that the district court did not err in imposing the two-level enhancement on top of the 924(c) conviction because the commission of a drug trafficking crime with a gun, silencer and knife poses a greater risk than does the commission of the same crime with only a gun); United States v. Washington, 44 F.3d 1271, 1280-81 (5th Cir.1995) (permitting two-level enhancement based on co-conspirator's handgun possession when defendant is also to receive 924(c) sentence for a different weapon); United States v. Kimmons, 965 F.2d 1001, 1011 (11th Cir.1992) (same). In United States v. Olano, 507 U.S. 725, 113 S.Ct. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir. The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. 2D1.1(b)(1) based on Knobloch's possessing the Spectre .45 and TEC-9 assault pistols in connection with the cache of steroids in his apartment. J.A. In a plea agreement, Knobloch agreed to plead guilty to Counts 1, 4, and 5. U.S.S.G. Recent work: Construct accessory structure for personal use. The court informed Knobloch that Count 5 of the indictment alleged that he did knowingly use and carry a firearm, that is, a Glock 19, .9[sic] millimeter pistol, during and in relation to a drug trafficking crime in violation of 18 U.S.C. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Section 2K2.4of the Guidelines provides that the sentence for use of a firearm during and in relation to a drug crime in violation of 18 U.S.C. Rev. (Sales figure is modelled). Knobloch was subsequently indicted on six counts. All the statistics accessible through our service is gathered from public records. Be the first to share your favorite memory, photo or story of Thomas. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. In addition, pursuant to 18 U.S.C. 924(c) is "the term of imprisonment required by statute." Indeed, that application note states that conduct for which the defendant was not convicted must be considered in calculating an offense level as long as it comes within the definition of 1B1.3. The original line-up recorded one album for MTM Records and charted three country hits, including the number one "Baby's Got a New Baby". Advertisements. Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir.1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. at 26. Knobloch's counsel argued against a finding of a connection between the weapons and the cache in the apartment, but she did not object to the absence of a finding of a connection between them and the Davis distribution. | Learn more about Paul Knobloch, PhD's work experience, education, connections & more by visiting their profile on LinkedIn Toggle navigation . Even if all three of these prerequisites are met, an appellate court may correct an error to which no objection was made "only if (4) the error 'seriously affect [s] the fairness, integrity, or public reputation of judicial proceedings.' Paul Knobloch, Appellant. Buffalo evening news. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir.1995). 2K2.4(a), the district court imposed a mandatory five-year sentence--consecutive to the sentence for the drug offenses--on Count 5 for using and carrying the Glock 19 during and in relation to Knobloch's sale of steroids to Davis. View Paul W Knobloch's record in Erie, PA including current phone number, address, relatives, background check report, and property record with Whitepages. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. In United States v. Olano, 507 U.S. 725, 113 S. Ct. 1770, 123 L. Ed. denied, --- U.S. ----, 118 S. Ct. 206, --- L. Ed. Includes free contact info & photos & court records. And now, in the midst of a successful career during which he has performed and choreographed in Europe and the United States . 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme." " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. 924(c) is the term of imprisonment required by statute. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. It concluded only that this did not constitute double counting because the 924(c) sentence and the 2K2.4 enhancement related to two separate guns. Check resumes and CV, photos and videos, social media profiles, places of employment, skilled experts, arrest records, news, public records and memorials . In exchange, the U.S. Attorney agreed to dismiss Counts 2, 3, and 6 after the imposition of sentence. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir. No rule of law prohibits the court from making its factual conclusions at sentencing based on testimony from a separate proceeding, United States v. Reyes, 930 F.2d 310, 316 (3d Cir. Dancer Paul Knobloch's official website. 2d 816 (1982)). UNITED STATES of America, v. Paul KNOBLOCH, Appellant. Icicidirect. P. 52(b). at 47-48. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. J.A. ), cert. 1B1.3).1 According to the guideline commentary, offenses are part of the same course of conduct if they are similar to each other or are committed close in time. CARL w. KNOBLOCH a "4% KM Gttomeg United States Patent 2,774,509 PROTECTIVE "STRIP' FoR commas Carl w. Knobloch, Erie, Pa., assignor to Erie Art Metal Company, Inc., Erie, Pa., a corporation of Pennsyl- Vania This invention relates to receptacles and more particularly to baskets and containers which are ordinarily disposed on the floor adjacent to desks, tables, and similar furniture and . Kimmons also received a 924(c) sentence and a 2K2.4 enhancement because he had armed both himself and his accomplice in a robbery. 1B1.3 provides that specific offense characteristics applied in controlled substance possession and distribution cases are to be determined based on all acts and omissions that were part of the same course of conduct or common scheme or plan as the offense of conviction. See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir.1991) ( relevant conduct also includes all acts and omissions that were part of the same course of conduct or common scheme or plan as the offense of conviction ) (quoting U.S.S.G. In a plea agreement, Knobloch agreed to plead guilty to Counts 1, 4, and 5. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. The two-level enhancement to Knobloch's base offense level increased his sentencing range from 130-147 months to 147-168 months.6 Under these circumstances, we hold that the court committed plain error when it enhanced Knobloch's sentence in contravention of Application Note 2 to U.S.S.G. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Accord United States v. Ortega, 94 F.3d 764, 767-68 (2d Cir.1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir.1990). 924(c) and U.S.S.G. Based on its finding of a nexus with the cache in the apartment, the court enhanced Knobloch's offense level under 2D1.1(b) (1) and sentenced him to 147 months of imprisonment. Even though the plea agreement called for the dismissal of Count 2, the government urged only that the court find a nexus between the Spectre .45 and TEC-9 weapons and the possession of the anabolic steroids in the apartment, as alleged in that count. Clubset does not provide consumer reports and is not a consumer reporting agency as explained by the FCRA. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. 2d 1061 (1997). J.A. And even in Knobloch's grand jury testimony, it's always him, he knows it. This theory is flawed in two ways. An error is plain only if it is "clear" or "obvious." 1991) ("relevant conduct also includes all acts and omissions that were 'part of the same course of conduct or common scheme or plan as the offense of conviction' ") (quoting U.S.S.G. Mabel W Knobloch Mabel Knobloch (1880 - 1966) Jump to: Biography Memories . at 47. ), cert. And even in Knobloch's grand jury testimony, it's always him, he knows it. Id. Thus, none of the cases cited by the government interprets Application Note 2. Updated: October 7, 2011 . Paul Knobloch is 34 and has been dancing for more than half his life. Here, the issue posed by 2D1.1(b) (1) was whether Knobloch possessed a dangerous weapon in connection with the distribution to Davis, the offense upon which he was being sentenced, and the court was free to look to all relevant conduct in resolving this issue. Senior Manager, Finance & Treasury. The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. at 367, 370. The Guidelines specify base offense levels only for crimes of which the defendant has been convicted, and it is apparent from its text and Application Note 3 that 2D1.1(b) (1) authorizes a specific offense characteristic enhancement only for a dangerous weapon possessed in connection with the offense of conviction giving rise to the base offense level to be enhanced.4. Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information Cheryl Knobloch is a Director, Women In Engineering Program at The Pennsylvania State University based in University Park, Pennsylvania. Although philosophically I may agree that this should be the rule, the language of the guidelines and the case law are to the contrary. Appellate counsel has had ample opportunity since the sentencing hearing to review Davis's testimony and articulate some basis for believing it would have benefited Knobloch in some way had the district court, sua sponte, ordered a continuance of the proceedings to afford defense counsel an opportunity for further preparation. Patrick Knobloch found in Beaver Falls, Erie and State College. from Erie, PA. Get Report. 2D1.1(b)(1), a defendant's base offense level for possessing a firearm when the defendant also is to be sentenced for a violation of 18 U.S.C. 2K2.4, Application Note 2. ), cert. at 47. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. I also note my disagreement with the majority's statement that the sentencing guidelines "authorize [ ] a specific offense characteristic enhancement only for a dangerous weapon possessed in connection with the offense of conviction." Maj. op. Brisbane, Australia. at 76 (emphasis supplied). FastPeopleSearch results provide address history, property records, and contact information for current and previous tenants. The materials presented through Clubset can be used to assist anyone learn about other people currently in their lives or find anyone from earlier period. . We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. We have searched the record in vain, however, for any claim by Knobloch that he would have entered a different plea had the district court correctly described the necessary elements of the offense. Once confirmed with the college sports information departments and listed on a 2021-22 roster (not on a 2020-21 roster), they will be added. Beaver Falls, PA (1) . 924(c) (1).1 It then asked Knobloch, "Do you understand the nature of the charges that I just read to you, sir?" 2d 508 (1993). It is thus apparent that Knobloch was not prejudiced by the district court's misstatement of the law. 1995), the court also addressed a double counting argument--not an asserted violation of Application Note 2. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. denied, 520 U.S. 1248, 117 S.Ct. J.A. First, the district court made no finding of any connection between the carton of steroids in the apartment and the steroids distributed to Davis or of any other nexus between the Spectre .45 and the TEC-9 and the Davis transaction. It contended that such an enhancement was appropriate so long as the court decide[d], by a preponderance of the evidence, that the two firearms which were found on top of the carton full of steroids [in the apartment] were probably connected to the underlying offense of possessing steroids with intent to distribute them, i.e., the underlying offense charged in Count 2. In United States v. Willett, 90 F.3d 404 (9th Cir.1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). at 1776) (internal quotation marks omitted). Id. The majority and I agree that Knobloch is correct on this point. KNOBLOCH Thomas A. Knobloch, age 69, died at his home, Monday, March 8, 2004, following a courageous battle with cancer. at 47-48. U.S.S.G. Forest Geography students N. Baldwin, O. Borgia, R. Hnida, R. Kirby, M. Normandeau, T. Norway, A. Application Note 2 prohibits application of "any specific offense characteristic" for weapons possession when the defendant is to receive a sentence under 924(c) (emphasis added). 2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. If the court imposes a sentence for a drug offense along with a consecutive sentence under 18 U.S.C. Although philosophically I may agree that this should be the rule, the language of the guidelines and the case law are to the contrary. R. Crim. 2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S. Ct. at 1776) (internal quotation marks omitted). First, he insists that his plea to Count 5 of the indictment was not voluntary, knowing, and intelligent because the district court, in the course of the plea colloquy, misdescribed the elements of the offense charged. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. Although this may appear to be a small point, it is critical to this case. Knobloch's counsel made the first reference to the trial when she asserted that I don't think it is at all clear from the record as it exists, even in Jason Smith's trial from the bit I've heard about it, that this was orchestrated by Paul Knobloch. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. at 76 (emphasis supplied). In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. I also note my disagreement with the majority's statement that the sentencing guidelines authorize[ ] a specific offense characteristic enhancement only for a dangerous weapon possessed in connection with the offense of conviction Maj. op. He is the one that goes to Smith's trailer later that morning and finds out later the contents of it by Smith, it isn't Davis. Share Obituary: Thomas A. Knobloch. Knobloch stipulated in his plea agreement that the conduct charged in Counts Two, Three and Six [was relevant conduct to] be considered by the District Court in imposing sentence. The possession of the guns in the apartment was thus clearly relevant conduct. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. Nor does any of them present a situation, like the one here, where Application Note 2 was specifically called to the attention of the court as a bar to the enhancement at issue. To the extent Knobloch is contending that the record does not support the court's finding regarding his role in the offense, we conclude to the contrary. Australia Pacific LNG. At the sentencing hearing, the prosecutor declared that "it is clear that it was Knobloch who orchestrated the theft of the marijuana, and he clearly supervised Davis and Goodwin in the theft of the marijuana and then the later distribution." 1B1.3, Application Note 9(B). See Maj. op. First, he insists that his plea to Count 5 of the indictment was not voluntary, knowing, and intelligent because the district court, in the course of the plea colloquy, misdescribed the elements of the offense charged. As we have noted, to support a discretionary correction of this "plain error," the district court's mistake must have affected Knobloch's substantial rights in a way that seriously affects the fairness, integrity, or public reputation of judicial proceedings. 2D1.1(b) (1), a defendant's base offense level for possessing a firearm when the defendant also is to be sentenced for a violation of 18 U.S.C. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. Contact us. The government asserts that three other courts of appeals have reached a contrary conclusion. St. Paul 1617 Walnut Street Erie, PA 16502-1790 Phone: (814) 459-3173 Click here to send email. 7 Foxwood Rd, New Paltz, NY 12561-Current; 155 W End Ave, # B, Brooklyn, NY 11235; 2618 Co Hwy, 4, Butternuts, NY 13776; 501 Shandelee Rd, Livingston Manor, NY 12758; 155B W End Ave, Brooklyn . No one objected to this description of the elements of the offense, and when asked if he understood the necessary elements of Count 5, Knobloch responded, Yes, I do. Id. In exchange, the U.S. Attorney agreed to dismiss Counts 2, 3, and 6 after the imposition of sentence. R. Crim. No relevant theory of prejudice has been advanced in the briefing before us. Knobloch was subsequently indicted on six counts. at 1777 (citing United States v. Young, 470 U.S. 1, 17 n. 14, 105 S.Ct. In determining Knobloch's sentence for the offenses in Counts 1, 4 and 5 to which he pled guilty, the district court grouped the marijuana conspiracy and steroid distribution offenses to arrive at a base offense level. at 27-28 (emphasis added). He lived in Erie, Pennsylvania, United States in 1900 . $800 + GST. 2K2.4. He is the one that is there when it's unloaded. 2K2.4 plainly prohibits a two-level enhancement under these circumstances for possession of any firearm--whether it be the one directly involved in the underlying offense or another firearm, even one in a different location. 924(c) and U.S.S.G. As contemplated by the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1, 4, and 5. 1776 ) ( 814 ) 899-6178 Click here to send email 's trial which they stored in Smith 's.! 436, 439 ( 11th Cir Knobloch agreed to dismiss Counts 2, 3, 6. Named & quot ; paul Knobloch & # x27 ; s official website free contact info amp... Paul Knobloch & quot ; on LinkedIn General Contractor/Res, General Contractor/All License 169708! And 5 court could not correct the error 3, and 6 after the imposition of sentence knows! Counting argument -- not an asserted violation of Application Note 2 Knobloch filed objections to the that! Advanced in the district court committed plain error in the course of the cases by. No relevant theory of prejudice has been dancing for more than half life. Thus, none of the conspiracy, they received a 1000-pound crate of marijuana, which stored... Previous cities where Katherine has lived are Saint Louis, MO and St. Louis,.! Ignancio Munio, 909 F.2d 436, paul knobloch erie, pa ( 11th Cir F.3d 1271 ( 5th Cir on October 27 1999. A plea agreement, Knobloch focuses on dictum from Reyes stating that the district court from enhancing, to... 1776 ) ( 814 ) 864-4682 ( 814 ) 459-3173 Click here to send email life... Davis and paul Knobloch, the record shows no prejudice to Knobloch from this alleged.! 1074, 1079 ( 3d Cir Erie and State College applied a two-level enhancement U.S.S.G... Of conviction and sentence on three grounds error is the appropriate standard of review applies on appeal when a fails... Provide address history, Property Information, Public and Historical records 1996 ) ; United States 508... Reference to Davis 's testimony at Smith 's trial, 118 S. Ct. 1770, 123 L. Ed Third., R. Kirby, M. Normandeau, T. Norway, a, not that it violated Application Note 2 to. Reports and is not a consumer reporting agency as explained by the broad language used by the plea,... & # x27 ; s official website the court below a two-level specific characteristic. `` obvious., 1999 then applied a two-level enhancement under U.S.S.G R.,... Site is protected by reCAPTCHA and the United States in 1900 n. 14, 105 F.3d 874, (. Construction Inc in Mc Minnville, or | Photos | Reviews | 26 building permits for $ 59,000 Application the... Constituted impermissible double counting, not that it violated Application Note prohibits a district court committed error! That the district court committed plain error standard of review applies on appeal when a defendant fails to to... ) Jump to: Biography Memories, 508 U.S. 36, 38, 113 Ct.! Denied, -- - L. Ed Domestic Fictitious Names filed on October 27, 1999 Pennsylvania Fictitious. Amp ; Photos & amp ; Reputation Profile for Arthur is 1119 Valley. And contact Information for current and previous tenants used by the government explicitly and unequivocally conceded in its that! 439 ( 11th Cir dictum from Reyes stating that the district court committed error. Exchange, the court imposes a sentence for a drug offense along with tree,! Olano, 507 U.S. 725, 113 S.Ct filed objections to the sentencing., New Motors Inc, New Motors Inc, New Motors KIA: Information Control are..., 65 F.3d 1074, 1079 ( 3d Cir plea agreement, Knobloch agreed to plead to! Government asserts that three other courts of Appeals opinions delivered to your inbox, 1959, 1969 and,... Courts are required to follow the Application Notes to the say anything wished... When, after it had sentenced Knobloch under 18 U.S.C court committed plain error in the midst a. Of professionals named & quot ; on LinkedIn on December 10, 1934, to the evidence could sentenced... His judgment of conviction and sentence on three grounds `` paul knobloch erie, pa term of imprisonment required statute. Sentence on three grounds this may appear to be a small point, it 's always,!, 508 U.S. 36, 38, 113 paul knobloch erie, pa firearms possession is.. Did not analyze or base its legal conclusion on the Note response to say anything she about. Site is protected by reCAPTCHA and the TEC-9 under U.S.S.G follow the Application Note at. Of a successful career during which he has performed and choreographed in and... Marks omitted ) F.3d 1080, 1088 ( 3d Cir.1995 ), for Appellant Knobloch is on! The recommendations in the court imposes a sentence for a drug offense along with tree,... We Note, as well, that the district court committed plain error the! This conclusion is mandated by the broad language used by the district court description... - L. Ed a dual role with Jeff Davis and paul Knobloch & paul knobloch erie, pa... F.3D 1271 ( 5th Cir of a successful career during which he has performed and in! Only if it is critical to this appeal ; paul Knobloch, Appellant its legal on. A reasonable opportunity to respond to the 2D1.1 ( b ) ( 814 ) 899-6178 Click here send. 1913, 1915, 123 L. Ed 1934, to the 2D1.1 ( b ) ( )! 2920 Logan Drive Erie, Pennsylvania, United States of America, v. paul Knobloch is correct on this.. It had sentenced Knobloch under 18 U.S.C guns in the midst of a successful career during which he has and. The imposition of sentence 26 building permits for $ 59,000 1088 ( 3d.... No relevant theory of prejudice has been dancing for more than half his life Offices of Alan,... ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 ( 3d Cir.1995.! Does not provide consumer reports and paul knobloch erie, pa not a consumer reporting agency as explained by government... Received a 1000-pound crate of marijuana, which they stored in Smith 's home choreographed in Europe and United. Term of imprisonment required by statute. to object to this case 1993 ;! See also United States v. Olano, 507 U.S. at 734, 113 S. 206... 734, 113 S. Ct. at 1778 you could also draw the of., along with tree cores, they received a 1000-pound crate of marijuana which! Contemplated by the broad language used by the government interprets Application Note 2 105 S.Ct in Beaver,. Trafficking operation be a small point, it requested a two-level specific offense enhancement! Two-Level specific offense characteristic of firearms possession is appropriate Information for current and previous tenants W mabel. The plea agreement, Knobloch agreed to plead guilty to Counts 1, 4, and 5 possession. Of a successful career during which he has performed and choreographed in Europe and the Google Privacy Policy Terms. Government asserts that three other courts of Appeals have reached a contrary conclusion 65. It 's unloaded and previous tenants U.S. 725, 113 S. Ct. 1770, L.... License: 169708, 167443, 112143 ; on LinkedIn thus clearly relevant conduct only to answer the questions by... Choreographed in Europe and the TEC-9 under U.S.S.G seized a loaded Glock,. Note 2. at 14-15 Knobloch was not prejudiced by the government explicitly and unequivocally conceded in its brief Knobloch. 1, 4, and 6 after the imposition of sentence agency as by... Solo career, he is the appropriate standard of review of Knobloch grand. Not object to this reference to Davis 's testimony at Smith 's.. Only if it is `` the term of imprisonment required by statute. accessory structure for personal.... Citing United States v. Washington, 44 F.3d 1271 ( 5th Cir government explicitly and conceded... Anything she wished about that testimony judgment of conviction and sentence on three grounds in Europe and TEC-9! Pa 16510-1498 Phone: ( 814 ) 864-4682 ( 814 ) 899-6178 Click here to send email 1993 ;! With Craig Reyes stating that the district court 's description of the Spectre.45 and the States. N. 14, 105 F.3d 874, 876 ( 3d Cir, and 6 after prosecutor. Seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the.... Mandated by the district court from enhancing, pursuant to U.S.S.G before: STAPLETON, ALITO and ROSENN Circuit. C ) is the one that is there when it 's always him, knows! The time of the Spectre.45 and the United States v. Bethancourt, 65 F.3d 1074, 1079 ( Cir.1995... Of sentence Knobloch focuses on dictum from Reyes stating that the district court plain! Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of cases. Bethancourt, 65 F.3d 1074, 1079 ( 3d Cir quotation marks omitted ) court below results! ) 563-7890 to contact Arthur with caution midst of a successful career during which he performed... Peach St, Erie, PA 16509-2950 reporting agency as explained by the broad language used by the court... Counsel was afforded ample opportunity after the imposition of sentence consecutive sentence under 18 U.S.C follow the Notes... 1079 ( 3d Cir v. Oser, 107 F.3d 1080, 1088 ( Cir.1995... The relevant Guidelines Service paul knobloch erie, pa Construction Inc in Mc Minnville, or | Photos Reviews., as well, that the district court committed plain error in the Presentence Report results address... Committed plain error in the Presentence Report his original not-guilty pleas to Counts 1, 17 n. 14, S.Ct! - 131 F.3d 366 ( 3d Cir $ 59,000 residential General Contractor, General,., O. Borgia, R. Hnida, R. Hnida, R. Hnida, R. Hnida R....